Q: I need advice on how to take action against an uninsured driver.
In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car insurance. Aside from prosecuting them which I have to go somewhere in person for which I haven't done yet due to back pain the accident caused I was wondering what other action I could take against them.
A:
There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.
The second track is by way of civil suit. In a civil suit, a private citizen can seek redress for the injury suffered. You can file an action against the at fault driver and secure a judgment (assuming you can prove that the other driver was negligent in causing the accident and prove that your injuries and damages were a direct result of their negligence). However, the question then turns to whether you can recover the value of your judgment from the defendant. Collections actions can be tedious, expensive, and time-consuming. For this reason, many injury firms will deny representation as the cost of pursuing the claims in their estimation is greater than the value potentially recoverable.
I recommend that you continue to contact experienced personal injury lawyers in your area to get additional opinions concerning the possibility of recovery from the potential defendant. You may have other possible sources of recovery available to you that you will want to explore (i.e. uninsured motorist coverage). Time is of the essence. A statute of limitations exists in cases of this nature in Kentucky. Failure to file your claim timely can result in a complete bar to recovery.
Tim Akpinar , Rob Astorino Jr. and Timothy Denison agree with this answer
A: You may also be able to recover some compensation as restitution through the criminal case.
Tim Akpinar agrees with this answer
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